31977R2102

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( 1 ) OJ NO C 118 , 16 . 5 . 1977 , P . 30 .

( 2 ) OJ NO C 114 , 11 . 5 . 1977 , P . 34 .

( 1 ) OJ NO L 183 , 14 . 7 . 1975 , P . 3 .

( 2 ) OJ NO L 38 , 9 . 2 . 1977 , P . 1 .

I

( ACTS WHOSE PUBLICATION IS OBLIGATORY )

COUNCIL REGULATION ( EEC ) NO 2102/77

OF 20 SEPTEMBER 1977

INTRODUCING A COMMUNITY EXPORT DECLARATION FORM

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,

HAVING REGARD TO THE PROPOAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS A COMMUNITY EXPORT DECLARATION FORM SHOULD BE INTRODUCED IN THE COMMUNITY IN ORDER TO FACILITATE THE ACCOMPLISHMENT BY ITS USERS OF THE RESIDUAL FORMALITIES IN INTRA-COMMUNITY TRADE ;

WHEREAS , WITH A VIEW TO STANDARDIZING DOCUMENTS USED IN INTERNATIONAL TRADE , THIS COMMUNITY EXPORT DECLARATION FORM SHOULD BE ALIGNED ON THE MODEL FORM DRAWN UP UNDER THE AUSPICES OF THE ECONOMIC COMMISSION FOR EUROPE OF THE UNITED NATIONS ;

WHEREAS THE INTRODUCTION OF A COMMUNITY EXPORT DECLARATION FORM SHOULD LEAD TO HARMONIZATION OF THE PARTICULARS TO BE ENTERED THEREON ;

WHEREAS IT IS APPROPRIATE FOR THE SAKE OF SIMPLIFICATION AND EFFICIENCY TO PROVIDE BOXES FOR ALL POTENTIAL DATA REQUIREMENTS ;

WHEREAS THE FORM SHOULD PROVIDE BOXES FOR NATIONAL USE ;

WHEREAS THE CONCURRENT STANDARDIZATION OF COMMUNITY TRANSIT DECLARATION DOCUMENTS WILL MAKE IT POSSIBLE TO PRODUCE THE EXPORT DECLARATION AND THE COMMUNITY TRANSIT DECLARATION SIMULTANEOUSLY , REGARDLESS OF THE REPRODUCTION SYSTEM USED ;

WHEREAS IT IS IMPORTANT THAT THE REGULATION ENTERS INTO FORCE AS SOON AS POSSIBLE ; WHEREAS , HOWEVER , CUSTOMS AUTHORITIES AND EXPORT UNDERTAKINGS STILL HAVE LARGE STOCKS OF EXPORT DECLARATION FORMS ALIGNED ON COMMUNITY TRANSIT DECLARATION FORMS AT PRESENT IN USE ; WHEREAS THE SIMULTANEOUS USE OF COMMUNITY AND NATIONAL DECLARATIONS SHOULD BE ALLOWED FOR A TRANSITIONAL PERIOD IN CERTAIN MEMBER STATES ; WHEREAS , MOREOVER , SUCH USE IS INOPERABLE IN OTHER MEMBER STATES , SINCE THE COMMUNITY TRANSIT DECLARATIONS AND THE NATIONAL EXPORT DECLARATIONS USED AT PRESENT ARE NOT ALIGNED ON ONE ANOTHER ; WHEREAS THESE STATES SHOULD BE ALLOWED NOT TO INTRODUCE THE USE OF THE COMMUNITY DECLARATION UNTIL THE NECESSARY ADAPTATION OPERATIONS HAVE BEEN COMPLETED ;

WHEREAS THE TREATY HAS NOT PROVIDED THE NECESSARY POWERS FOR THE INTRODUCTION OF A COMMUNITY EXPORT DECLARATION FORM ; WHEREAS IT IS THEREFORE NECESSARY TO BASE THIS REGULATION ON ARTICLE 235 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . WITHOUT PREJUDICE TO RULES LAID DOWN OR TO BE LAID DOWN REGARDING EXPORT PROCEDURES AND TO SPECIAL RULES APPLICABLE UNDER SPECIFIC COMMUNITY LEGISLATION , THIS REGULATION SHALL APPLY TO GOODS COVERED BY A WRITTEN EXPORT DECLARATION WHEN TRADED BETWEEN MEMBER STATES OR DESTINED FOR EXPORTATION FROM THE COMMUNITY .

2 . FOR THE PURPOSE OF THIS REGULATION ' EXPORT ' AND ' EXPORTATION ' SHALL MEAN BOTH THE DISPATCH OF GOODS FROM ONE MEMBER STATE TO ANOTHER AND THE EXPORTATION , WHETHER DEFINITIVE OR TEMPORARY , OR RE-EXPORTATION OF GOODS OUTSIDE THE TERRITORY OF THE COMMUNITY .

ARTICLE 2

1 . THE WRITTEN EXPORT DECLARATION REFERRED TO IN ARTICLE 1 SHALL BE MADE OUT ON A FORM EX CORRESPONDING TO THE SPECIMEN IN ANNEX I ACCOMPANIED , WHERE APPROPRIATE , BY ONE OR MORE FORMS EXC CORRESPONDING TO THE SPECIMEN IN ANNEX II .

2 . EACH MEMBER STATE MAY ALSO ALLOW USERS TO EMPLOY , INSTEAD OF THE FORMS REFERRED TO IN PARAGRAPH 1 , FORMS EX AND EXC CORRESPONDING , RESPECTIVELY , TO THE SPECIMENS IN ANNEXES III AND IV .

ARTICLE 3

1 . EACH MEMBER STATE SHALL DETERMINE THE NUMBER OF COPIES OF WHICH FORMS EX AND EXC SHALL BE COMPOSED , THE COLOUR AND WEIGHT OF PAPER TO BE USED , AND THE DESCRIPTION AND NUMBER OF EACH COPY .

EACH MEMBER STATE MAY ALSO ADAPT THE SPECIMENS IN ANNEXES I TO IV IN ACCORDANCE WITH THE PROVISIONS OF ANNEX V , SECTION B .

2 . THE TECHNICAL PROVISIONS GOVERNING FORMS EX AND EXC UNDER ANNEX V , SECTION A MUST BE OBSERVED .

ARTICLE 4

EACH MEMBER STATE SHALL PRESCRIBE THE PARTICULARS TO BE INSERTED IN THE APPROPRIATE BOXES FOR PURPOSES OF NATIONAL MEASURES REGARDING TRADE .

ARTICLE 5

1 . NOTHING IN THIS REGULATION SHALL AFFECT :

( A ) THE OPERATION OF COUNCIL REGULATION ( EEC ) NO 1736/75 OF 24 JUNE 1975 ON THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( 1 );

( B ) THE USE OF SPECIAL EXPORT DECLARATION FORMS APPLICABLE BY VIRTUE OF INTERNATIONAL AGREEMENTS ;

( C ) THE USE , UNDER SIMPLIFIED EXPORT PROCEDURES , OF SPECIAL EXPORT DECLARATION FORMS SUCH AS FORMS CONTAINING THE DATA OF THE EXPORT DECLARATION IN GENERAL , PERIODIC OR RECAPITULATIVE FORM ;

( D ) THE USE OF AUTOMATIC DATA-PROCESSING SYSTEMS .

2 . BELGIUM , LUXEMBOURG AND THE NETHERLANDS MAY ABSTAIN FROM APPLYING THIS REGULATION IN REGARD TO INTERNAL BENELUX TRADE .

ARTICLE 6

THE SPECIMENS IN ANNEXES I TO IV AND THE CONDITIONS FIXED IN ANNEX V MAY BE ADAPTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 57 OF COUNCIL REGULATION ( EEC ) NO 222/77 OF 13 DECEMBER 1976 ON COMMUNITY TRANSIT ( 2 ), TO REQUIREMENTS ARISING FROM THE PARTICULAR NATURE OF CERTAIN GOODS OR TO TECHNICAL REQUIREMENTS SUCH AS THOSE ARISING FROM AUTOMATIC DATA-PROCESSING SYSTEMS .

ARTICLE 7

EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE MEASURES WHICH IT TAKES IN IMPLEMENTATION OF THIS REGULATION .

ARTICLE 8

1 . THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1978 .

2 . BY WAY OF DEROGATION FROM PARAGRAPH 1 , DENMARK , IRELAND AND THE UNITED KINGDOM SHALL HAVE THE RIGHT TO DEFER THE INTRODUCTION OF FORMS EX AND EXC CORRESPONDING TO ANNEXES I , II , III AND IV UNTIL 1 JANUARY 1979 AT THE LATEST .

MEMBER STATES OTHER THAN THOSE MENTIONED ABOVE MAY ALLOW NATIONAL EXPORT OR RE-EXPORT FORMS IN FORCE BEFORE 1 JANUARY 1978 TO BE USED UNTIL 31 DECEMBER 1978 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 20 SEPTEMBER 1977 .

FOR THE COUNCIL

THE PRESIDENT

H . SIMONET

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ANNEX V

TECHNICAL PROVISIONS GOVERNING FORMS EX AND EXC AND ADAPTATIONS WHICH THE MEMBER STATES MAY MAKE TO THESE FORMS

A . TECHNICAL CONDITIONS

1 . PAPER

THE PAPER USED SHALL BE DRESSED FOR WRITING PURPOSES .

2 . SIZE

THE SIZE SHALL BE 210 BY 297 MM , A TOLERANCE IN THE LENGTH AND WIDTH OF + 8 MM BEING ALLOWED .

3 . LAYOUT

THE LAYOUT OF THE FORM SHALL BE BASED ON 4.24 MM ( 1/6 INCH ) LINE-SPACING AND 2.54 MM ( 1/10 INCH ) CHARACTER-SPACING .

B . ADAPTATION BY THE MEMBER STATES

1 . EACH MEMBER STATE MAY ADD A NATIONAL SYMBOL TO THE SYMBOLS EX AND EXC .

2 . EACH MEMBER STATE MAY DISPENSE WITH BOXES MARKED WITH AN ASTERISK OR LAY DOWN THAT SUCH BOXES NEED NOT BE COMPLETED . THE SPACE LEFT BY BOXES WHICH HAVE BEEN THUS DISPENSED WITH MAY NOT BE USED FOR OTHER PURPOSES .

3 . THE ' EXPORTER ' BOX MAY BE DIVIDED IN TWO SO THAT THE UPPER PART SHALL CONTAIN THE DATA CONCERNING THE EXPORTER AND THE LOWER PART SHALL , WHERE APPROPRIATE , CONTAIN THE DATA CONCERNING THE DECLARANT .

4 . EACH MEMBER STATE MAY MOVE IN EITHER DIRECTION ANY OF THE DOTTED LINES AT THE EDGE OF CERTAIN BOXES , IN ORDER TO ADAPT THOSE BOXES TO MEET ITS NEEDS . HOWEVER , THE HORIZONTAL DOTTED LINES OF THE ' PREVIOUS CUSTOMS PROCEDURE ' AND ' IDENTITY OF MEANS OF TRANSPORT ' BOXES MAY NOT BE MOVED UPWARDS .

5 . EACH MEMBER STATE SHALL DETERMINE THE WORDING FOR THE ' EXPORTER ' S DECLARATION ' BOX .

6 . ANY BOX ADAPTED BY MEMBER STATES MUST RESPECT THE LINE-SPACING AND CHARACTER-SPACING LAID DOWN IN A 3 .